Introduction
We live in a fast changing
world. In times past, law enforcement agencies certainly looked for the murder
weapon in murder cases before the crime of murder can be proved; while a Police
line up is needed to prove the crime of rape. Today, we have certainly come a
long way, and using the afore mentioned methods of crime detection and
prevention will be of no effective use as criminals have become more
sophisticated in their modus operandi
and as such, law enforcement agencies have to adapt to be able to effectively
police and prevent criminals.
Due to the increasing use of
modern and sophisticated methods by criminals, law enforcement agencies have
introduced the use of DNA in crime detection and prosecution. DNA short form
for Deoxyribonucleic acid is a nucleic
acid containing the genetic instructions used in the development and
functioning of all known living organisms. DNA profiling as it is better known is
also known by other names such as DNA testing, DNA typing or genetic fingerprinting
is used by forensic scientist to identify individuals by their DNA. According
to Wambough (1989) DNA profiling can be attributed to the pioneering scientific
works of Alex Jeffrey in England.
Lazer and Meyer (2004) stated that there is no better way of identification
than the DNA; while Townley and Ede
(2004) called it the greatest scientific breakthrough in forensic science.
DNA is a powerful tool used
by law enforcement to solve crimes. Currently in the US, several rape and murder cases
has been reversed as a result of DNA profiling. DNA profiling is the use of
biological information in crime solving by law enforcement agencies such as the
Police, Interpol, FBI and others. Biological information collected from crime scenes
are matched with samples stored at a central data base to determine the
identity of the criminal. Samples are not limited to fingerprints; saliva,
blood, semen and even hair roots can be used. Body fluids can be collected from
tooth brush, razor, combs etc. Statistically there is no chance of error with
DNA profiling as there is 1 in 1 billion chance of error or the probability of
0.000000001 of identity error with DNA. Currently there is an international
co-operation in using DNA through Interpol. DNA database are all around the
world, with US and UK
having the largest of about 5 millions records as at 2007. Three major database
of DNA exist worldwide: these are in the US, maintained by the FBI: and the
remaining two are in Europe, maintained by
Interpol and ENFSI (European Network of Forensic Science Institute).
Benefits of Using DNA
There are several benefits
that can accrue from the use of DNA in crime solving. These benefits include
the potential to make speedy and robust offender identification through
automated profile comparison in criminal databases. Since DNA works by
comparing samples with information already in data base, once there is a hit,
the law enforcement agencies do not need to spend time on investigating crimes,
rather, the database provides the details of the offender to enable law
enforcement agents make speedy arrest. It also has the ability to eliminate
innocent suspects from crime investigations. At times, suspects are advise to
donate there DNA for testing to prove there innocence or if they have nothing
to hide. The ability to generate court acceptable evidences and cost effective
crime investigation is also another benefit gained by the use of DNA testing.
In the quest for justice
especially in crimes committed against women (rape), DNA profiling has proved
an invaluable companion. DNA can and do provide conclusive evidence especially
in rape cases. The chance of error has been reduced to 1 in 33 billion. Being
there are only 7 billion people on planet earth, the chances of error are
non-existing (Coleman and Svenson, 1994).
Finally, DNA profiling can
serve as deterrent of potential offenders (Williams & Johnson, 2005).
Moreover DNA database can be used for paternity cases and the predisposition of
certain disease or behaviour (Lazer, 2004). When DNA is used to prove
biological relationship, not only does it establish family relationship, but it
also establishes financial and emotional support.
Issues in the use DNA
Profiling in Crime Solving
Whichever way it is looked
at, DNA has several advantages, however, several issues has come to the fore
from its use. These issues have made DNA profiling in crime solving not being
generally acceptable. Lacher (1997) in her work stated that despite the
benefits of DNA profiling several factors inhibit its use.
First, there is the question
of fake DNA samples. Criminals at times plant fake DNA samples from foreign
scenes on crime scene to mislead the crime investigators. There is no way a
retrieved DNA sample from an alleged crime scene will show that it was lifted
from somewhere else. In a celebrated rape and murder case, the offender used a
condom, while leaving DNA samples from another person to mislead the
investigators. Eventually luck ran out of him and he was arrested.
Secondly, swabs used to
collect DNA samples might be sterile but not DNA free. This simply means that
swabs from a particular company might contain the DNA of the factory worker,
and this will mislead the investigators in the investigation. The famous case
of Phantom of Heibronn is a typical example. In the case, the swabs from a
particular company contained the DNA of probably the employee who parked the
swab batch. Because of this unwitting inclusion, the worker’s DNA sample turned
up in several crime scenes across Europe where
the swab from the particular company was used. Over twenty cases were reported
ranging from rape, murder, theft, robbery. In its defense, the company stated
that the swabs were sterile, not DNA free.
Thirdly, other issues include
storage of samples in the database over time. First samples maybe corrupted
leading to false results; secondly, samples taken without consent may not be
acceptable as court evidence. This has raised the ethical question of privacy
rights. Samples can also be compromised. The deceptive use of DNA database by
the investigative authorities in criminal prosecutions (O J Simpson case). In O
J. Simpson’s case, several DNA samples were collected, yet the prosecution
failed to prove its case, because of improper handling of the samples.
DNA database contain detailed
information not only about the individual, but also racial and ethnic origin,
medical history, family information among others. These create conflicts with
civil liberties of the person as inappropriate use of such information can lead
to discrimination.
Other ethical and social
reasons against DNA can easily be linked to genetic mapping. As some genes may
show a predisposition to commit crimes, which may make one guilty until proven
innocent if the genes and crime are positively correlated. Using DNA to profile
such individuals as a would be rapist certainly violate civil liberties and
human rights.
Again since DNA traits can be
used to determine a person’s race, colour, eye colour, hair colour and height
and some other personal traits; when the DNA from crime scene do not match any
in the database, the Police could use the personal traits to develop a profile
for the suspect. This might be the perfect choice or alternative in the movies
such as the Profiler, however in real
life, the probability of arresting and prosecuting the wrong person is really
high. Take for example information such as male Caucasian, early twenties, dark
hair, and over 6 ft. This profile will fit millions of people in any major city
in the US or UK. This action may invariably lead to the wrong person being
convicted or detained.
While DNA samples can
certainly prove one’s innocence or eliminate a potential suspect in a crime
case, however, this violates human rights and civil liberties as the process of
elimination may actually expose one to negative consequences such as undue
publicity, which may affect economic activities. Cases abound where someone’s
innocence was proven, yet the neighbours and associates ostracized such a
person based on his/her being a suspected to a crime.
Conclusions
Issues in DNA can be said to
have been over flogged. But what is the final truth about DNA? Does it
ultimately prove guilt or ultimately limit human rights and civil liberties?
While several things can be said about DNA, there is no doubt it has proved the
innocence of hundreds and the guilt of thousands. DNA evidence has in several
cases supported human rights by setting free wrongly convicted persons. Today a
record 200 cases of rape and murder has been overturned by DNA evidence which
has helped to prove the innocence of the victims.
Issues of civil liberties and
human rights have continued to dominate any discourse on the acceptability of
DNA evidence especially in courtrooms. In order to overcome these obvious limitations,
Koshland (1996) observed that “caution is appropriate; unreasonable doubt is
not.” DNA profiling has been criticized for violating civil liberties and human
rights as can be seen from the above discourse. However, Lazer (2004) opines that one of the
issues in DNA profiling is the criminal justice system and not the technology
itself.
“There
is no dispute about the underlying scientific principles of DNA; however the
adequacy of laboratory procedures and the competence of the experts who testify
should be open to inquiry (Connors et al.,
1996).
The obvious benefits should
be properly considered. Safeguards need to be put in place to guarantee privacy
rights while at the same time, ensuring that crime offenders are adequately punished.
References
Coleman, H. and Swenson, E.
(1994). DNA in the Courtroom. Seattle: GeneLex Press.
P.30.
Connors, E., Lundregan, T.,
Millor, N. and McEven, T. (1996) Convicted
by Juries, Exonerated by Science: Case Studies in the use of DNA Evidence to
Establish Innocence after Trial. Virginia,
US: Department of Justice.
Koshland, D. E. (1996)
Science. In: Coleman, H. and Swenson, E. (1994). DNA in the Courtroom. Seattle:
GeneLex Press. P.30.
Lachter, K. (1997) Science and the Laws: Implications of DNA
Profiling. www.darmouth.edu.
Lazer, D. (2004). DNA and the Criminal Justice System: The
Technology of Justice. Cambridge
Mass: MIT Press.
Lazer, D. and Meyer, M.
(2004). DNA and the Criminal Justice
System: Consensus and Debate: In: Lazer, D. (Ed). DNA and the Criminal Justice System: The Technology of
Justice. Cambridge
Mass: MIT Press. Pp. 357-390.
Townley, L. and Ede, R. (2004). Forensic
Practice in Criminal Cases. London:
The Law Society.
Williams, R. and Johnson, P.
(2005) Inclusiveness, Effectiveness and Intrusiveness: Issues in the Developing
Uses of DNA Profiling in support of Criminal Investigation. Journal of Law, Med Ethics 33(3):
545-558
Wambaugh, J. (1989). The Blooding. New York: A Perigord Press Book. P. 83.